Krishna Paswan And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 12603 of 2019 Arising Out of PS. Case No.-187 Year-2018 Thana- KUTUMBA District- Aurangabad ====================================================== 1.

Krishna Paswan Age - 40 (M) S/o Tapeshwar Paswan 2.

Lavkush Paswan Age - 35 (M) S/o Krishna Paswan 3.

Shrawan Paswan Age - 34 (M) S/o Krishna Paswan 4.

Nagina Devi Age - 38 (F) W/o Krishna Paswan All are Resident of Village- Rampur Naughra, P.S.- Kutumba, DistrictAurangabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

13-02-2020 Heard learned counsel for the parties.

The petitioners apprehend their arrest in Kutumba P.S. Case No. 187 of 2018 registered for the offence under Section 307 & other allied sections of the Indian Penal Code. In the F.I.R., the allegation against the petitioners is that they abused and assaulted informant's husband. It is further alleged that petitioner no. 1 & 3 assaulted on informant's head by Hasua and petitioner no. 2 & 4 snatched her ear ring. It is submitted on behalf of petitioners that petitioners have committed no offence. Petitioners and informant side are own gotiya and due to land dispute, they have

Patna High Court CR. MISC. No.12603 of 2019(5) dt.13-02-2020 2/2 been falsely implicated in this case. In fact, there was ekjihV (maar-pit) between the parties by fists & slaps and there was no injury. Petitioners are having no criminal antecedent. Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of their arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Kutumba P.S. Case No. 187 of 2018 on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail-bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T